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Lien claimant North Valley Diagnostics' Petition for Reconsideration was granted after its lien was dismissed for failure to appear at a lien conference. The Appeals Board found sufficient cause, primarily an inadvertent calendaring error supported by prior diligent actions like paying fees and appearing at an earlier conference, to set aside the dismissal. The matter was returned to the trial level for further proceedings and a new decision by the WCJ. Commissioner Lowe dissented, agreeing with the WCJ that the calendaring error did not constitute good cause for non-appearance.
Full Decision Text1 Pages
Lien claimant North Valley Diagnostics' Petition for Reconsideration was granted after its lien was dismissed for failure to appear at a lien conference. The Appeals Board found sufficient cause, primarily an inadvertent calendaring error supported by prior diligent actions like paying fees and appearing at an earlier conference, to set aside the dismissal. The matter was returned to the trial level for further proceedings and a new decision by the WCJ. Commissioner Lowe dissented, agreeing with the WCJ that the calendaring error did not constitute good cause for non-appearance.
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